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Residential Tenancies Act 1997
57Retaliatory applications
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57 Retaliatory applications
(a) a lessor has applied for a termination and possession order under
this part; and
(i) 1 or more of the following happened:
(A) the tenant applied to the ACAT for an order in relation
to the lessor;
(B) the tenant complained to a government entity in
relation to the lessor;
(C) the tenant took reasonable action to secure or enforce
the tenant’s rights;
the tenant sought legal advice or mediation
(D) the ACAT made an order in favour of the tenant
against the lessor;
(E) the tenant published information, or disclosed
information that was published, about the premises,
the residential tenancy agreement, or the lessor; and
(ii) for the event mentioned in subparagraph (i) (E)—the tenant
did not, knowingly or recklessly, publish or disclose
information that was false or misleading; and
(iii) the lessor was motivated to apply for the termination and
possession order because of an event mentioned in
subparagraph (i).
(2) The ACAT must not make the termination and possession order.
information includes an allegation, complaint or opinion.
publish includes communicate.